THREE TO PAY

Accident victim wins Sh41.6 million compensation

In Summary

• Babu suffered parietal bleeding of the brain diagnosed as brain oedema, fracture of the mandibular, fracture of the left clavicle, complete loss of use of limbs, complete loss of neurological functions, Glasgow coma and diffuse axonal injury of the brain.

• The accident happened on October 30, 2006, along Magadi- Nairobi road.

The Judiciary.
The Judiciary.

A driver and two owners of motor vehicles have been ordered to pay Sh41.6 million to a woman who was paralysed through an accident.

Martin Muturi, the driver of Otinga Walter’s vehicle and Ambao Cyprian, owner of the other vehicle that was involved in the accident, will pay Pindolia Hemal Babu the amount as compensation.

Justice Msagha Mbogholi yesterday ruled that Babu, having suffered 100 per cent permanent incapacity, was entitled to the amount.

 

Babu suffered parietal bleeding of the brain diagnosed as brain oedema, fracture of the mandibular, fracture of the left clavicle, complete loss of use of limbs, complete loss of neurological functions, Glasgow coma and diffuse axonal injury of the brain.

“In the end, there shall be judgement for the plaintiff against the defendants jointly and severally as follows: general damages for pain, suffering and loss of amenities Sh8 million, special damages Sh4.8 million, loss of earning capacity Sh14.4 million, nursing care Sh7.2 million and cost of future medication Sh7.2 million,” Judge Mbogholi ruled.

In the suit, Hemal Kiran, husband to Babu had sued Muturi, Otinga, Ambwao and Paypoint solutions limited –Babu’s employer - following the injuries she sustained as a result of the road accident.

The accident happened on October 30, 2006, along Magadi- Nairobi road.

However, Paypoint solutions Company were absolved from the liability in the accident citing that there was no evidence that the company could foresee the negligence of the accident.

Babu was a passenger in Otinga’s vehicle which was being driven by Muturi at the time of the accident. She was in the course of her employment with Paypoint solutions who had instructed her to travel to Ongata Rongai.

The vehicle collided with Ambwao’s vehicle, where the woman sustained serious injuries.

 

She had also blamed her employer for the injuries alleging that it was its duty to take all necessary precautions towards her safety while engaged in employment.

It was her case that the accident occurred as a result the negligence of the defendants.

The court observed that the three defendants could not escape liability of injuries to Babu.

The husband, Kiran told court that following the injuries sustained during the accident, she was not in a position to testify and could not attend court having lost use of all her limbs and was unable to speak.

A medical report by Dr P.H Parmar dated February 2015, said: “Babu lost her expectancy of good and happy life. She cannot partake in any human activities and has to watch silently misery caused by her state to her loved ones. As present, she cannot do anything to relieve her pain or discomfort. With her forced sedentary life style, she has high risk of having a heart attack. Her muscles are wasting away due to non-use.”

The doctor’s report further said that Babu needs support 24 hours a day. She cannot brush her teeth, feed on her own, she has to be bathed and assisted to the washroom.

She has to undergo physiotherapy, which costs the family Sh25,000 for 12 hours.

Babu was employed by Paypoint as a business account manager in 2005 and was earning a salary of Sh50,000 per month.

The judge noted that the woman suffered serious injuries and if anything she will probably deteriorate, according to doctor Parmar.

“She suffered cardiac arrest and she is likely to suffer the same. She will never be able to have a child. Her condition is irreversible,” the judge noted.

The court also noted that at the time of the accident, Babu was 26 years old and in her condition, she will never be able to work again.